If you have worked any time in the last three years as a FedEx Home Delivery driver, driving a truck weighing less than 10,000 pounds, and you were not classified as an ISP, you may be eligible to recover overtime pay in a new collective action lawsuit that has been filed by lawyers who have been successfully representing FedEx drivers for the last ten years (as well as drivers for many other companies that have misclassified their workers as independent contractors).
Courts around the country have ruled over the last two years that FedEx has misclassified its drivers as independent contractors (including in a case filed by Lichten & Liss-Riordan, P.C., one of the firms that has filed this new case). However, a number of these cases are now tied up on appeal, and none of these cases have challenged FedEx’s failure to pay overtime (time and a half pay for hours worked beyond 40 per week) to its small truck drivers under federal law. Although federal law exempts many truck drivers from receiving overtime pay, there is an important exception under federal law for drivers of trucks under 10,000 pounds. This case could provide you significant compensation if you have driven one of these smaller trucks for FedEx.
To read about the work of the law firms that have filed this new case, Lichten & Liss-Riordan, P.C., Winebrake & Santillo, PC, and Barkan, Meizlish, Handelman, Goodin, DeRose & Wentz, LLP, see their websites below:
In order to join the case and seek to collect overtime that you may be entitled to, you must “opt in” by submitting the form that is attached here. If you need a form mailed to you, please contact Lichten & Liss-Riordan, P.C., at (617) 994-5800, or by email at firstname.lastname@example.org. You may also call or e-mail if you have any questions about the case.
FedEx cannot legally retaliate against you for joining the lawsuit.